HomeMy WebLinkAbout107133 BATH INC; 441376 ROCKY RIDGE NURSERY & LAND - CONTRACT - BID - 7205 NEIGHBORHOOD STREET TREE REPLACEMENTSERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and Bath Inc. hereinafter referred to as "Service Provider'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services for
7205 Neighborhood Street Tree Replacement. The conditions set forth herein shall apply to all
services performed by the Service Provider on behalf of the City and particularly described in Work
Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of
which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this
reference, shall include a description of the services to be performed, the location and time for
performance, the amount of payment, any materials to be supplied by the City and any other special
circumstances relating to the performance of services. No work order shall exceed Seventy Five
Thousand Dollars ($75,000.00). The only services authorized under this agreement are those
which are performed after receipt of such Work Order, except in emergency circumstances where
oral work requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular services
assigned and the Service Provider agrees to perform such changed services.
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EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
Bath Inc.
DATED:
Work Order Number:
Purchase Order Number:
Project Title: 7205 Neighborhood Street Tree Replacement
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the
terms of the Professional Services Agreement
and this work order (including the attached
forms) the Professional Services Agreement
shall control.
The attached forms consisting of zero (0) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
7205 Neighborhood Street Tree Replacement
Service Agreement - Bath Inc.
City of Fort Collins
Date:
Bv:
Director of Purchasing and Risk Management
(over$60,000.00)
Date:
Page 10 of 15
EXHIBIT C
SCOPE OF WORK
Neighborhood Street Tree Replacement
Description:
This bid is for a unit price to replace City street trees located in parkway areas (usually
the zone between the sidewalk and curb) that are mostly part of new neighborhood
developments in the City of Fort Collins. In most cases, trees will be planted along
residential streets in front of or to the side of residential properties. Parkway widths are
generally 4-6 feet wide, but some could be as wide as 9 feet. Some trees may be
planted along collector and arterial streets. In most cases the parkway will be turf that is
irrigated with an underground irrigation system. Trees will be from a selected list of
balled and burlapped, 2.0 inch caliper canopy shade trees. Other species or cultivars
not on the list will be priced as needed.
Specifications:
1. Around 100-150 trees will be planted per year.
2. Projects will be assigned in groups of approximately 10 -20 trees at a time and
may include multiple species. Assignment of projects may start as early as March
and extend into November. More than one contractor may be used throughout
the season.
3. Individual projects must be completed within 3 weeks from being assigned.
4. The contractor will be provided the address and assigned species and/or cultivar
to be planted.
5. The planting locations will be marked with a pink wooden stake prior to the
project being assigned.
6. Planting locations for replacement trees will be either in the same spot as where
the original tree was removed, or it may be shifted off of the spot based upon site
considerations. The City will remove dead or dying street trees before the
contractor plants. Planting locations at the tree removal site will consist of the
area where a tree has been pulled out of the ground or where the stump and
surrounding root flare have been completely ground out. In most cases the tree
being removed and replaced will be 6 inches in caliper or less.
7. The contractor is legally responsible for obtaining utility locates.
8. The City will mulch all trees and provide regular tank watering after planting. The
contractor is responsible for one initial thorough watering at planting.
9. Plant material shall be inspected by the Owner's Representative before planting.
Rejected materials must be removed from the site, replaced and the new tree
reinspected before planting. The Owner reserves the right to reject plant material
at any stage of installation.
10.All trees used shall meet the ANSI Z60.1 — 2004 American Standards For
Nursery Stock. Trees with disease or insects are not permitted. Trees with
7205 Neighborhood Street Tree Replacement
Service Agreement - Bath Inc. Page 12 of 15
wounds or broken branches will be rejected. Trees with co -dominant leaders or
poor form will be rejected.
11.Trees shall be balled and burlapped. Broken or loose rootballs will be rejected.
Balled and burlapped plants shall be nursery grown stock adequately balled with
a firm rootball, and in sizes and ratios conforming to the Colorado Nursery Act
and in conformance with the ANSI Z60.1 standards.
12. Trees to be planted shall have been dug within one year from the time of
planting. If stock is not available to meet this specification then trees stored
above ground for less than two years may be acceptable. Stock held above
ground 1-2 years will only be acceptable by special approval and only if quality
and condition have not been reduced by extended storage.
13. Trees shall be protected at all times from injury of any kind. Protect rootballs from
drying out during storage, transport and the planting process. When trees are in
foliage special care should be taken to prevent crowns from drying out. Cover
trees with a protective cloth or tarp when transporting. If trees must be
transported at higher speeds (i.e. — the interstate highway), they must be covered
with a protective tarp.
14. Caution must be used to prevent damage to roots, trunks and branches during all
phases of storage, transport and during the planting process.
15. Planting holes shall be dug 1.5 times wider than the tree ball. Existing soil shall
be used for back fill. Trees shall be planted so that the top of the natural ball is
about V above grade. Planting holes shall not be over excavated in terms of
depth.
16. Remove at least the top half of the wire basket and burlap.
17. Remove all labels, flagging and twine from around the trunk and branches.
18 Remove excess soil, sod and any other materials not part of the tree planting.
19. When extra soil is needed to complete planting to specification it shall be
provided by the contractor.
20. All trees will be staked with two round wooden stakes that are a minimum of 6ft
long. Attachments to the trunk shall be by a method approved by the City
Forester. The City Forester must inspect and approve the staking materials prior
to the start of this contract. Hose and wire will not be an acceptable method of
securing the tree to the stakes. The City is responsible for removing stakes and
staking materials.
21. Contractor will provide a warrantee for one year after planting. Contractor is not
responsible for trees that die from lack of water, vandalism or extreme
unforeseen circumstances. The City will notify the contractor of trees that need to
be replaced. Notifications made from May 1 to September 1 shall be completed
within three weeks.
22. At the end of the warrantee period, the Owner's Representative will inspect trees
for satisfactory condition. The Owner's Representative shall contact the
Contractor concerning replacements. Replacements may take place the following
growing season if deemed proper or necessary by the Owner's Representative.
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Service Agreement - Bath Inc. Page 13 of 15
23. If a tree is in marginal condition at the end of the warrantee period it may be
agreeable to both parties to wait until the end of the growing season before
deciding whether to replace that tree. Plant materials that are replaced during the
warranty period shall be replaced one time at the Contractor's expense. Cost of
subsequent replacements, if required, shall be negotiated with the Owner's
Representative.
24. Replacements shall be of the same kind and size as originally specified and shall
be installed as described in the contract documents unless changes are
approved by the City Representative. Repairs and replacements shall be made
at no expense to the Owner.
25. The contractor is responsible for fixing irrigation lines damaged or broken during
planting. Repairs must be completed within 3 work days of damage or notification
of damage.
26. Contractor shall notify the City Forestry Division at least one day prior to planting.
Planting will not occur on Fridays.
27. Work shall conform to City of Fort Collins traffic control requirements and all
other rules and laws of the land.
28. City Forestry will be responsible for pre -notification of adjacent residents. The
contractor shall be responsive and courteous to all citizens they come in contact
with and promptly report any concerns or requested changes to City Forestry.
29. Failure of a Contractor to adhere to any of these specifications or requirements
shall be grounds to terminate the use of that Contractor.
30. Other species and/or additional tree transplanting methods will be handled on an
individual basis. Prices would be negotiated on a per job basis.
Tree List:
Ulmus 'Accolade'
Accolade Elm
Tilia cordata 'Greenspire
Greenspire Linden
Celtis occidentalis
Hackberry
Quercus macrocarpa — Only Bullet Gall resistant and gall -free trees will be approved
Bur Oak
Gleditsia triacanthos 'Skyline'
Skyline Honeylocust
Gleditsia triacanthos 'Shademaster'
Shademaster Honeylocust
Catalpa speciosa
Northern Catalpa
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7205 Neighborhood Street Tree Replacement
BID OPENING: 3:00 p.m. (our clock). February 18, 2011
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
NEIGHBORHOOD STREET TREE REPLACEMENT PER THE BID INVITATION AND ANY
REFERENCED SPECIFICATIONS:
The City of Fort Collins is requesting bids from Firms to provide unit pricing to replace City street
trees located in parkway areas (usually the zone between the sidewalk and curb) that are mostly
part of new neighborhood developments in the City of Fort Collins.
Awarded service provider must enter into a service agreement (sample attached for your review)
and provide the required insurance (Exhibit B). This agreement is effective for one year from the
date on the service agreement. At the option of the City, the Agreement may be extended for
additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall
be negotiated by and agreed to by both parties and will use the Denver — Boulder - Greeley CPI-U
as a guide.
BID SCHEDULE
Our firm will provide price to supply and plant one of any of the trees per specification. Award
will be based on lowest responsive, responsible base bid that meets specification including
qualifications.
Base Bid Unit Price to supply and plant one tree
Cost per Unit Price to plant one tree when tree is provided by the City
FIRM NAME
Are yo rporation; Partners ' , DBA, LLC, or PC
SIGNATURE:
PRINT NAME:�_�'r�yf�1%' Llim
ADDRESS: cxx E ?iL�slz �—
PHONE/FAX#: 9;v — yF,J /Z6;2,127Y e) y'c
EMAIL: i('/a ..� �e.•/fe�ilds,ds-�tr°—itriEcaii
7205 Neighborhood Street Tree Replacement
Service Agreement - Bath Inc. Page 15 of 15
Client#: 21043
BATIN
ACORDT., CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDIYYYY)
4/04/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Flood & Peterson Ins., Inc.
Corporate Mailing Address:
P. 0. Box 578
CONTACT
NAME: Jennifer Winter
PHONE 970 266-7127o FAX 970 506-6846
AIc NExt : AIC, No
Ea.IAIL
ADDRESS:
-PRaD
Greeley, CO 80632
CUSTOMER ID #:
INSURER(3)AFFORDING COVERAGE
NAIL#
INSURED
INSURER A: Travelers Insurance Company
Bath, Inc.
2000 E. Prospect Road
Fort Collins, CO 80525
INSURER BPinnacol Assurance
INSURER C
INSURER 0:
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
POLICY NUMBER
MMIODIYYYY
MMIDO EXP
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
116601356P903COF1 11/01/2010
11/01/2011
EACH OCCURRENCE
$1,000,000
s300,000
DAMAGE TO RENTED
PREMISES Ea occurrence
MEDEXP(Mypnep.m.)
$10,000
PERSONAL &ADV INJURY
$1,000,000
GENERALAGGREGATE
$2,000,060
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY FX PRO- LOC
.IFCTA
PRODUCTS-COMP/OP AGG
$2,000,000
I
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
Drive Other Car
BA1365P45110SEL
11101/201011101/20111
COMBINED SINGLE LIMIT
(Ea arurk,M)
$1 000,000
X
BODILY INJURY (Per person)
S
BODILY INJURY (Per ..,dent)
$
PROPERTY DAMAGE
(Per accident)
$
X
X
$
X
$
A
UMBRELLA LIAB
EXCESS LIAR
X
OCCUR
CLAIMS -MADE
ISFCUP2369P3551N
11/0112010
11/01/2011
EACH OCCURRENCE _
AGGREGATE
$5000000
$S 000 000
DEDUCTIBLE
RETENTION $ 5000
$
X
$
B
WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4O15110
ANY PROPRIETORIPARTNERIEXECUTIVEYIN
OFFICERIMEMBER EXCLUDED? ❑IN/A
(Mandatory In NH)
DESCRIPTION OF OPERATIONS below
11/01/2010
11/O1/2011
X WG STATU- OTH-
E.L. EACH ACCIDENT
s500,000
E.L. DISEASE - EA EMPLOYEE
$500,000
E.L. DISEASE -POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1e1, Additional Remarks Schedule, If more space Is required)
RE: Neighborhood Street Tree Replacement #7205
City of Fort Collins, its officers, agents and employees are listed as Additional Insureds as their
(See Attached Descriptions)
City of Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
281 N. College Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
9 ACCORDANCE WITH THE POLICY PROVISIONS.
Fort Collins, CO 80521
AUTHORIZED REPRESENTATIVE
F/oodl T Otl&JsoP! IA-Pf✓r - a e—A , TnJt,
O 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S603155/M570435 JZS
DESCRIPTIONS (Continued from Page 1)
interest may appear as respects General Liability and Auto Liability. Insurance is primary and non
contributory.
AMS 25.3 (2009109) 2 of 2
#5603155/M570435
2. Changes in the Work. The City reserves the right to independently bid any services
rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without waiting for
a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence March 15, 2011 and shall
continue in full force and effect until March 14, 2012, unless sooner terminated as herein provided.
In addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be
negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the
Service Provider and mailed no later than 90 days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written notice
of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following address:
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Service Agreement - Bath Inc. Page 2 of 15
City
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Service Provider
Bath Inc.
Attn: Kevin Laman
2000 E. Prospect Road
Fort Collins. CO 80525
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the termination date, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price.
The actual amount of work to be performed will be stated on the individual Work Orders. The City
makes no guarantee as to the number of Work Orders that may be issued or the actual amount of
services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment
for all work done and all materials furnished and for all costs and expenses incurred in performance
of the work the sums set forth for the hourly labor rate and material costs, with markups, stated
within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of two (2)
page[s], and incorporated herein by this reference.
Payment shall be made by the City only upon acceptance of the work by the City and upon the
Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and
materials, and other costs incurred in connection with the performance of such work.
9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays,
expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by
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OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
10, City Representative. The City's representative will be shown on the specific Work
Order and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be directed to
the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to the
results to be obtained in the particular work assignment and to the extend that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
12. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for work of a
similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
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C. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City -furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship/workwomanship for a period beginning
with the start of the work and ending twelve (12) months from and after final acceptance under the
Agreement, regardless whether the same were furnished or performed by Service Provider or by
any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or
nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by
Service Provider in a manner and at a time acceptable to City.
15. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
16. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representative, successors and assigns of said parties.
18. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability of any
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character whatsoever, brought or asserted for injuries to or death of any person or persons, or
damages to property arising out of, result from or occurring in connection with the performance of
any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page,
attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the city.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. Law/Severability. This Agreement shall be governed in all respect by the laws of the
State of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, administered by the United States
Department of Homeland Security (the "e-Verify Program") or the Department
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Program (the "Department Program"), an employment verification program
established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform work under this
Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service
Provider has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Service Provider
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual
and consequential damages to the City arising out of Service Provider's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such breach.
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22. Soecial Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of five (5) page,
attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
��- c) 147.
jameo B. O'Neill II, CPPO
Director f P rchasing and Risk Management
Date:�� I 1
Title L,'e Az i�i7FiTJt--1,7T
Corporate President or Vice President
Date: z�i5x/[ '/-..2c//
AT '
L-Q&rpor to Secretary
(Corporate Seal)
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